Terms And Conditions
Before you use our website, we need to set out our terms and conditions of use. These terms and conditions regulate your use of the website, and by using the website you acknowledge and agree that these terms and conditions are the rules of access and use of our website.
This is an agreement between you, a person or entity trying to locate parking (Parker), or you, a person or entity trying to provide parking (Lister) and Parkways ABN 54 267 906 428 (Parkways).
By using the website at http://www.parkways.com.au (Website) or creating an account on the Website, the Parker or Lister (User) agrees to these terms and conditions. The Website is only available to legal entities and persons who are at least eighteen years old and are capable of forming legally binding contracts.
The User acknowledges and agrees that by checking the box and clicking the "submit" button, or by using the Website, the User is agreeing to be bound by these terms and conditions. If the User does not accept these terms and conditions in their entirety, the User may not access or use the Website.
If the User agrees to these terms and conditions on behalf of an entity, the User represents and warrants that the User has the authority to bind that entity to these terms and conditions. In that event, the words “User”, “Parker” or “Lister” will refer to and apply to that entity.
The Website allows Parkers to identify Listers online, and allows Listers to advertise to Parkers online, then facilitates agreement between Parkers and Listers (Services). Under these terms and conditions, Parkways provides the Services to Users (which is the term used to describe both Parkers and Listers).
The Services only include matching the Parker with Listers, or allowing Listers to advertise their goods and services to Parkers. Parkways does not provide services to the Parker other than access to the database of businesses on the Website, and does not provide services to the Lister apart from a platform to advertise their business.
3 Scope of the Services
From time to time the Website will generate automated emails to Users, or Users will send emails and messages to one another through the Website. Emails sent by the Website or through the Website are considered a part of the Services and are covered by these terms and conditions.
The Services include facilitating the formation of contracts between Parkers and Listers (Contracts), but the Services do not include managing disputes related to those Contracts. Subject to clause 6, if a Parker and a Lister agree on terms, a Contract is formed directly between the Parker and Lister.
Parkways collects payment from Parkers following their receipt of services from the Lister. After deduction of the fees payable under clause 4, Listers will receive payment from Parkways in connection with their delivery of services to the Parker.
If a Parker accesses the Website to view the offerings of Listers, no fees are payable. Fees will become payable under this clause 4 when a Contract is entered into between a Parker and Lister using the Website.
Parkways will charge a fee to Listers using the Website. These fees will be a percentage of income received through the Website (as advertised on the Website) and will be deducted from payments received by Parkways from Parkers who have received goods and services from the Lister.
Parkways will charge a fee to Parkers using the Website. These fees will be a flat fee received through the Website and will be deducted from payments received by Parkways from Parkers who have received goods and services from the Lister.
Parkways has the right to charge an additional fee to Parkers who overstay the duration of their booking at a rate advertised on the Website. The Parker shall authorize Parkways to collect any overstay fees and fines on their behalf.
Where a Contract is formed between a Parker and a Lister, payment must be made under the terms of that contract (or the default terms in clause 6, if applicable).
A Contract must provide for payment to be made by the Parker to Parkways, so that Parkways may deduct its fees.
When a payment is received by Parkways from a Parker, Parkways will deduct its fees and pay the balance to the Lister.
Where a Contract has been created or facilitated through the Website, but payment is not made directly to Parkways by a Parker, the Lister must pay the fees set out on the Website to Parkways.
In clause 5, a word or expression defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) has the meaning given to it in that Act.
Any consideration to be paid or provided for a supply made under or in connection with these terms and conditions, unless specifically described as GST inclusive, does not include an amount on account of GST.
If a party makes a supply under or in connection with these terms and conditions in respect of which GST is payable, the consideration for the supply but for the application of this clause 5 (GST exclusive consideration) is increased by an amount equal to the GST exclusive consideration multiplied by the rate of GST prevailing at the time the supply is made.
The recipient of a supply made under or in connection with these terms and conditions must pay the amount by which the GST exclusive consideration is increased:
- (a) at the same time as the GST exclusive consideration is payable or to be provided; and
- (b) without set off, deduction or requirement for demand.
If a payment to a party under these terms and conditions is a reimbursement or indemnification, calculated by reference to a loss, cost or expense incurred by that party, then the payment is reduced by the amount of any input tax credit to which that party is entitled for that loss, cost or expense.
A party need not make a payment for a taxable supply made under or in connection with these terms and conditions until it receives a tax invoice for the supply to which the payment relates.
6 Default terms between Users
Unless otherwise agreed to in writing between Users, the terms and conditions of any contract between Users which has been facilitated by the Website or the Services will be governed by the terms of this clause 6. Users may not make any contract which binds Parkways except as provided for under these terms and conditions.
Clauses, 4, 5, 8, 10, 11, 12, 13, 14 and 15 are incorporated into these default terms as if the Lister were Parkways and the Parker were the User, Parker or Lister under those clauses. The Parker and Lister agree to provide and receive the goods or services as advertised on the Website (or as otherwise indicated in writing) for the fees that have been agreed in writing between the Parker and Lister.
Payment of the fees agreed between the Users will be made to Parkways within 30 days of the Parker receiving an invoice from the Lister. Parkways will deduct its fees from this payment before making payment to the Lister.
Intellectual property of each User remains the intellectual property of that User unless otherwise agreed in writing. To the extent required for the goods or services to be properly provided under this contract, the Users agree to provide each other with an irrevocable, royalty-free, worldwide perpetual licence to use each other’s intellectual property for the performance of the Contract.
The term of the Contract between the Users commences when the Parker agrees to receive goods and services in exchange for valuable consideration and the Lister agrees to provide those goods or services in exchange for valuable consideration. The term of the Contract ends when the goods or services have been provided and payment made by the Parker to Parkways, and payment by Parkways to the Lister has been completed, or the agreement is terminated. The agreement may be terminated by notice in writing by either party at any time.
7 Warranty and indemnity
Parkways does not represent, warrant or guarantee that:
- (a) any User is reputable, or will act in good faith, or according to their terms of engagement;
- (b) any information on the Website will be complete, reliable or accurate; or
- (c) the User’s access to the Website will be secure, available or uninterrupted. The User warrants to Parkways that the User has the full right, authority and ability to enter into these terms and conditions, and that the User will not post information to the Website or use the Website or the Services to do anything, or for any purpose, that is:
- (a) a breach of:
- (i) the Competition and Consumer Law Act 2010 (Cth), Privacy Act 1988 (Cth) or Spam Act 2003 (Cth) or any other law which deals with commerce online; or
- (ii) the Copyright Act 1968 (Cth), Trade Marks Act 1995 (Cth), Designs Act 2003 (Cth), Patents Act 1990 (Cth), or any other law which deals with intellectual property;
- (b) a breach of any law of the Commonwealth of Australia, or any state or territory of Australia which binds the Parker, Lister or Parkways, including criminal, personal injury, civil liability and defamation laws; or
- (c) may bring Parkways into disrepute or otherwise negatively impact on the reputation or business of Parkways.
The User agrees to indemnify Parkways for any loss suffered or cost incurred by Parkways as a result of the User’s breach of the warranties given in this clause 7.
8 Limitation of liability
Information, opinions, statements and content on the Website are provided for information purposes only and are not legal, financial, taxation, technical or expert advice. They must not be relied on by a User without first obtaining independent advice.
The User releases Parkways and its directors, agents or employees of any liability arising (whether directly or indirectly) out of the information provided on the Website or through the Website or any errors in, or omissions from information on the Website.
Parkways will not be liable under any circumstances for any special, consequential, incidental, exemplary or indirect costs or damages, litigation costs, installation and removal costs, or loss of data, production or profit. Parkways will also not be liable under any circumstances for any loss arising out of reliance on the information on or provided to the User through the Website or provided to a User by another User on the Website, nor any interruption, delay or impairment in the functioning, operation or availability of the Website, exposure to or transmission of any computer virus, internet access difficulties in connection with the Website, or malfunction in equipment or software.
Certain legislation including the Australian Consumer Law (ACL) in the Consumer and Competition Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of Services by us to you which cannot be excluded, restricted or modified. However, to the extent permitted by law, the parties agree that any implied terms are excluded from these terms and conditions.
The liability of Parkways to any User for any claim under these terms and conditions must not exceed the lower of:
(a) the amount of fees received by Parkways from the Parker;
(b) the cost of Parkways re-supplying the Services; or
(c) the cost of Parkways repairing the Services.
The limitations under this clause 8 apply to any liability, arising from any cause of action whatsoever, whether in contract, tort (including negligence), strict liability or otherwise, even if advised of the possibility of such costs or damages and even if the limited remedies provided in these terms and conditions fail of their essential purpose.
9 Agreement to policies
If Parkways runs a competition or promotion, the User will need to agree to the terms and conditions of that competition or promotion in addition to these terms and conditions. To use the Website the User may be required to nominate a username and password. The username must be a valid email address. The User is entirely responsible for all activities that occur under that username and password and must ensure these remain confidential at all times.
The User must notify Parkways immediately if they become aware of any unauthorised use of their username and password. Each username and password must be used by a single individual and is not transferrable.
10 Term and termination
The term of these terms and conditions is from the date that the User first accesses the Website or uses the Services until the agreement is terminated in accordance with this clause. Parkways may terminate these terms and conditions at any time and for any reason by suspending, terminating, deleting or otherwise restricting the User’s access to the Website or the Services.
The User may terminate these terms and conditions at any time and for any reason by ceasing to access the Website, or suspending, terminating, deleting or otherwise ceasing to use the Services.
Unless otherwise agreed in writing, termination of these terms and conditions does not terminate any accrued rights of the parties prior to termination. Unless otherwise agreed in writing, a party must pay any amounts to another party which became due for payment under these terms and conditions prior to the date of termination.
A party must not start court proceedings (except proceedings seeking interlocutory relief) unless it has complied with clause 11.
A party claiming that a dispute, difference or question arising out of these terms and conditions, including a question as to whether certain services are in scope or not, has arisen (Dispute) must give the other party notice of the details of the Dispute (Dispute Notice).
When a Dispute Notice is given, the parties must refer the Dispute to the Chief Executive Officers, Managing Directors or other senior officers of each party for discussion and negotiation. If the parties cannot resolve a Dispute in accordance with this escalation procedure, either party may commence court proceedings.
The parties must continue to perform their respective obligations under these terms and conditions pending the resolution of a Dispute. Each party must pay its own costs of complying with this clause 11.
Any notice, demand, consent, approval or communication under these terms and conditions must be in writing, in English and sent by email to firstname.lastname@example.org, or to the User’s email address provided.
13 Third party links and advertising
The Website may display advertisements, which may or may not contain hyperlinks or buttons which take the User to websites operated by third parties. Parkways does not endorse or recommend its advertisers, their products or services, or the information, products or services of any website linked to the Website.
If the User contacts a third party through the Website, including via email, Parkways accepts no responsibility for any actions taken by that third party in connection with the User as user of that third party’s services. Any interactions with a third party website are not part of the Website or included in the Services.
From time to time, Parkways may post updated terms and conditions to the Website. Those updated terms and conditions will apply to all use of the Website from the time of posting onwards, and continuing use of the Website will be taken to constitute agreement to the revised terms and conditions. Otherwise these terms and conditions may be altered only in writing signed by each party.
A party does not waive a right, power or remedy if it fails to exercise or delays in exercising the right, power or remedy. A single or partial exercise of a right, power or remedy does not prevent another or further exercise of that or another right, power or remedy. A waiver of a right, power or remedy must be in writing and signed by the party giving the waiver. Except where these terms and conditions expressly state otherwise, a party may, in its discretion, give conditionally or unconditionally or withhold any approval or consent under these terms and conditions.
Each party must do, at its own expense, everything reasonably necessary (including executing documents) to give full effect to these terms and conditions and the transactions contemplated by it.
Neither party may assign its rights or obligations under these terms and conditions without the prior written consent of the other party which may not be unreasonably withheld. Any assignment will only be effective if it is made by way of a deed of assignment and assumption between the assigning party, the continuing party and the incoming party.
A term or part of a term of these terms and conditions that is illegal or unenforceable may be severed from these terms and conditions and the remaining terms or parts of the term of these terms and conditions continue in force.
Any indemnity or any obligation of confidence under these terms and conditions is independent and survives termination of these terms and conditions. Any other term by its nature intended to survive termination of these terms and conditions survives termination of these terms and conditions.
These terms and conditions consists of these terms and conditions and the details negotiated between the Parker and Lister, and constitutes the entire agreement of the parties about its subject matter and supersedes all previous agreements, understandings and negotiations on the subject matter.
If there is an inconsistency between any provision of the details negotiated between the Parker and Lister and these terms and conditions, these terms and conditions will prevail to the extent of the inconsistency.
Except where these terms and conditions expressly states otherwise, it does not create a relationship of employment, trust, agency or partnership between the parties.
Unless otherwise stated, the rights, powers and remedies provided in these terms and conditions are in addition to and not exclusive of the rights, powers and remedies given by law independently of these terms and conditions.
If force majeure prevents a party from fully or partly performing any obligation under these terms and conditions (except an obligation to pay money), the affected party’s obligation to perform that obligation is suspended while the force majeure continues.
These terms and conditions may be executed in counterparts. All counterparts when taken together are to be taken to constitute one instrument.
These terms and conditions are governed by the law of the State of New South Wales and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales.
In these terms and conditions, except where the context otherwise requires:
- (a) the singular includes the plural and vice versa, and a gender includes other genders;
- (b) another grammatical form of a defined word or expression has a corresponding meaning ;
- (c) a reference to a clause or schedule is to a clause of, or schedule to, these terms and conditions, and a reference to these terms and conditions includes any schedule;
- (d) a reference to a document or instrument includes the document or instrument as novated, altered, supplemented or replaced from time to time;
- (e) a reference to dollars, $ is to Australian currency;
- (f) a reference to a party is to a party to these terms and conditions, and a reference to a party to a document includes the party's executors, administrators, successors and permitted assigns and substitutes;
- (g) a reference to a person includes a natural person, partnership, body corporate, association, governmental or local authority or agency or other entity;
- (h) a reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them;
- (i) the meaning of general words is not limited by specific examples introduced by including, for example or similar expressions;
- (j) any agreement, representation, warranty or indemnity by two or more parties (including where two or more persons are included in the same defined term) binds them jointly and severally;
- (k) any agreement, representation, warranty or indemnity in favour of two or more parties (including where two or more persons are included in the same defined term) is for the benefit of them jointly and severally; and
- (l) a rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation of these terms and conditions or any part of it. Headings are for ease of reference only and do not affect interpretation.
You shall not attempt to solicit or perform services for or induce or attempt to induce, any Parker, Lister, licensee or business relation of Parkways or any Parker or other Lister through any communication including written and oral communication made by yourself or a third party, unless in the form of a general advertisement, to transact outside of the Site.
17 Cancellation and Refunds
All cancellations and refunds requested by Users are to be made with reference to the Cancellation Policy in the Website. Parkways has sole and absolute discretion over the application of cancellations and refunds.© Copyright Parkways ABN 54 267 906 428 2016